Senior Community Service Employment Program; Notice of Proposed Rulemaking, Additional Indicator on Volunteer Work, 71514-71518 [2010-29424]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Proposed Rules]
[Pages 71514-71518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29424]



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Part III





Employment Training Administration





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20 CFR Part 641



 Senior Community Service Employment Program; Notice of Proposed 
Rulemaking, Additional Indicator on Volunteer Work; Proposed Rule

Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / 
Proposed Rules

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 641

RIN 1205-AB60


Senior Community Service Employment Program; Notice of Proposed 
Rulemaking, Additional Indicator on Volunteer Work

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department) issues this notice of proposed 
rulemaking (NPRM) to seek feedback on a potential additional 
performance measure for volunteer work in the Senior Community Service 
Employment Program (SCSEP). Specifically, this rule proposes to amend 
regulations concerning performance accountability under title V of the 
Older American Act and corresponding definitions. These regulations 
provide administrative and programmatic guidance and requirements for 
the implementation of the SCSEP.

DATES: Interested persons are invited to submit comments on this 
proposed rule. To ensure consideration, comments must be received on or 
before January 24, 2011.

ADDRESSES: You may submit comments, identified by Regulatory 
Information Number (RIN) 1205-AB60, by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
Web site instructions for submitting comments.
    Mail and hand delivery/courier: Written comments, disk, and CD-ROM 
submissions may be mailed to Thomas M. Dowd, Administrator, Office of 
Policy Development and Research, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-5641, Washington, DC 20210.
    Instructions: Label all submissions with ``RIN 1205-AB60.''
    Please submit your comments by only one method. Please be advised 
that the Department will post all comments received that relate to the 
proposed additional indicator on https://www.regulations.gov without 
making any change to the comments or redacting any information. The 
https://www.regulations.gov Web site is the Federal e-rulemaking portal 
and all comments posted there are available and accessible to the 
public. Therefore, the Department recommends that commenters remove 
personal information such as Social Security Numbers, personal 
addresses, telephone numbers, and e-mail addresses included in their 
comments as such information may become easily available to the public 
via the https://www.regulations.gov Web site. It is the responsibility 
of the commenter to safeguard their personal information.
    Also, please note that due to security concerns, postal mail 
delivery in Washington, DC may be delayed. Therefore, the Department 
encourages the public to submit comments on https://www.regulations.gov.
    Docket: All comments on this proposed rule will be available on the 
https://www.regulations.gov Web site and can be found using RIN 1205-
AB60. The Department also will make all the comments it receives 
available for public inspection by appointment during normal business 
hours at the above address. If you need assistance to review the 
comments, the Department will provide you with appropriate aids such as 
readers or print magnifiers. The Department will make copies of the 
rule available, upon request, in large print and electronic file on 
computer disk. To schedule an appointment to review the comments and/or 
obtain the rule in an alternative format, contact the Office of Policy 
Development and Research at (202) 693-3700 (this is not a toll-free 
number). You may also contact this office at the address listed below.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Administrator, Office 
of Policy Development and Research, U.S. Department of Labor, 200 
Constitution Avenue, NW., Room N-5641, Washington, DC 20210; telephone 
(202) 693-3700 (this is not a toll-free number). Individuals with 
hearing or speech impairments may access the telephone number above via 
TTY by calling the toll-free Federal Information Relay Service at (800) 
877-8339.

SUPPLEMENTARY INFORMATION: The preamble to this proposed rule is 
organized as follows:

I. Background--provides a brief description of the development of 
the proposed rule.
II. Section-by-Section Review--summarizes and discusses proposed 
changes to the SCSEP regulations.
III. Administrative Information--sets forth the applicable 
regulatory requirements.

I. Background

    The SCSEP, authorized by title V of the OAA, is the only Federally-
sponsored employment and training program targeted specifically to low-
income older individuals who want to enter or re-enter the workforce. 
Participants must be unemployed, 55 years of age or older, and have 
incomes no more than 125 percent of the Federal poverty level. The 
program offers participants training at community service assignments 
in public and non-profit agencies. The dual goals of the program are to 
promote useful opportunities in community service activities and to 
also move SCSEP participants into unsubsidized employment, where 
appropriate, so that they can achieve economic self-sufficiency. The 
Older Americans Act Amendments of 2006, Public Law 109-365 (2006 OAA), 
amended the statute authorizing the SCSEP and necessitated changes to 
the SCSEP regulations in 20 CFR Part 641. A final rule promulgating 
such changes was published on September 1, 2010 (75 FR 53786). The 
statute requires the Department to issue definitions of any indicator 
of performance through regulation. OAA section 513(b)(3).
    The SCSEP performance measures have evolved over time. Program-
specific measures to monitor the performance of each SCSEP grantee were 
first codified in the 2000 Amendments to the OAA. The 2006 OAA 
Amendments expanded these performance measures. The Department then 
refined the 2006 statutory measures in its regulations published June 
29, 2007 (SCSEP IFR) and September 1, 2010 (SCSEP FR), and codified at 
20 CFR Part 641 Subpart G. As established in these regulations, there 
are six core indicators of performance: (1) Hours (in the aggregate) of 
community service employment; (2) entry into unsubsidized employment; 
(3) retention in unsubsidized employment for six months; (4) earnings; 
(5) the number of eligible individuals served; and (6) the number of 
most-in-need individuals served (the number of participating 
individuals described in 20 CFR 641.700(b)). Additional indicators of 
performance include: (1) Retention in unsubsidized employment for 1 
year; (2) satisfaction of the participants, employers, and their host 
agencies with their experiences and the services provided; and (3) any 
other indicators of performance that the Secretary determines to be 
appropriate to evaluate services and performance. 20 CFR 641.700(c).
    In comments on the SCSEP IFR of June 29, 2007, and the NPRM of 
August 14, 2008, several commenters expressed concern that the proposed 
measures were not appropriate to the SCSEP because they placed an undue 
emphasis

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on employment outcomes and did not adequately reflect the importance of 
community service. When adopting the SCSEP Final Rule on September 1, 
2010, we stated that the proposed measures were required by law in the 
2006 amendments to the OAA and that the measures, taken as a whole, 
continued to maintain the balance between community service and 
employment outcomes that had been established by the 2000 amendments to 
the OAA. As we noted in the final rule, ``[p]roviding an opportunity 
for low-income older adults in need of job training to work at 
community service organizations that need operational support is a 
`win-win' situation.''
    We recognize that SCSEP participants provide valuable service to 
their communities. We believe that SCSEP promotes volunteer work, which 
benefits both the community and the participants who perform the work. 
Although in the SCSEP Final Rule we declined ``at this time'' to adopt 
any additional measures beyond those required by statute, we believe 
that the benefits of adopting an additional measure of volunteer work 
outweigh the minor additional burden of collecting the data for the 
measure. Specifically, grantees stated during the SCSEP Final Rule 
notice and comment period that they felt the SCSEP measurement system 
did not adequately value community service and that there was too much 
emphasis on employment outcomes. While the measures are evenly balanced 
between enrollment and employment measures, only one specifically 
measures community service. Although we share the sense of the Congress 
that community service and volunteer work are very important, the 
Secretary only has authority to create additional measures, not core 
measures. The Secretary is using that authority to respond to the 
comments and add an outcome measure for SCSEP that looks at volunteer 
work as a way to balance the mandated outcome measures for employment.
    Under its authority in OAA section 513(b)(2)(C) to add additional 
indicators of performance, the Department is soliciting comments on an 
additional performance indicator for volunteer work. The Proposed Rule 
adds a new additional indicator to measure the number of exiting 
participants who enter volunteer work. The new measure recognizes that 
SCSEP promotes volunteer work, which benefits both the community and 
the participants who perform the work. We intend that the new measure 
will provide balance to the employment focus of the existing 
performance measures, which was an area of concern to commenters on the 
Final Rule, and will provide positive outcomes for participants who may 
not be employed but still build on the skills obtained in SCSEP to 
provide a benefit to their community. In our opinion, these reasons 
provide an adequate rationale for establishing the new indicator, which 
under section 513(b)(2)(C) of the Older Americans Act, may be 
established when the Secretary determines that an indicator is 
appropriate to evaluate services and performance.
    For the Interim Final Rule, we published a Federal Register Notice 
seeking public input into the performance regulations because we did 
not have time to publish a proposed and Final Rule without causing 
disruption to program operations. With the performance regulations in 
place, we have chosen to consult with grantees, host agencies and the 
public on the new volunteer work indicator by seeking public comment 
through a proposed rule, to be followed by a final rule. To establish 
this new additional indicator, we propose to change the substantive 
provisions on performance in subpart G and revise or add definitions in 
subpart A. The regulatory text, related definitions, and further 
rationale are provided below.

II. Section-by-Section Review

Subpart A--Purpose and Definitions

    What definitions apply to this subpart? (Sec.  641.140)
    Section 641.140 of the SCSEP regulations provides definitions for 
the SCSEP, including those definitions relevant to the SCSEP 
performance measures. This NPRM proposes to amend the definitions in 
Sec.  641.140 to accommodate the new additional performance measure in 
Sec.  641.710. The first amendment adds ``entry into volunteer work'' 
to the definition of ``additional indicators.'' The final rule provides 
that the only additional indicators are the two statutorily required 
measures: (1) Retention in unsubsidized employment for 1 year; and (2) 
the satisfaction of participants, employers and their host agencies 
with their experiences and the services provided. As proposed, the term 
``additional indicators'' will include three measures.
    Second, we propose to add a new definition of ``volunteer work'' to 
Sec.  641.140 for clarity and uniformity, so that all grantees 
understand and use the same definition, all seniors are treated the 
same, and so that the data we receive is comparable from grantee to 
grantee. The definition states that volunteer work is the equivalent of 
``activities or work that former participants perform for a public 
agency of a State, local government or intergovernmental agency, or for 
a charity or similar non-profit organization, for civic, charitable, or 
for humanitarian reasons, and without expectation of compensation.'' It 
also clarifies that ``[v]olunteer work does not include work a former 
participant performs that is similar or identical to work the former 
participant performed for compensation for the organization.''
    This definition closely follows the principles of the Fair Labor 
Standards Act (FLSA), which is administered and enforced by the 
Department's Wage and Hour Division. The FLSA recognizes the generosity 
and public benefit of volunteering. Encouraging volunteerism, however, 
must be balanced with the fundamental purpose of the FLSA, which is to 
prevent covered employers from gaining an unfair competitive advantage 
through payment of substandard wages. See Tony and Susan Alamo Found v. 
Sec'y of Labor, 471 U.S. 290, 299 (1985). The Department has held 
consistently that individuals cannot volunteer in the business and 
commercial activities of a non-profit organization when those 
activities are covered by the FLSA. Therefore, volunteer work also may 
not include work a former participant performs that is similar or 
identical to work the former participant performed for compensation for 
the organization.
    SCSEP and its regulations, at 20 CFR 641.844, provide that SCSEP 
placements must result in an increase in employment opportunities in 
addition to those otherwise available; must not displace currently 
employed workers (including partial displacement, such as a reduction 
in the hours of non-overtime work, wages, or employment benefits); must 
not impair existing contracts or result in the substitution of Federal 
funds for other funds in connection with work that would otherwise be 
performed; and must not employ or continue to employ any eligible 
individual to perform the same work or substantially the same work as 
that performed by any other individual who is on layoff. In addition, 
attention must be paid that volunteer activities of former SCSEP 
participants do not unfavorably impact current employees and do not 
impair existing contracts for services, similar to the protections for 
paid placements.
    Although non-profit organizations typically are not covered 
enterprises under the FLSA because they lack a business purpose, 
activities of such organizations that compete in the

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market with retail businesses, are considered covered enterprises. See 
29 CFR 779.214; WHD Opinion Letter FLSA 2002-9 (Oct. 7, 2002). Even if 
the business activities of a non-profit organization do not meet the 
FLSA's thresholds for enterprise coverage (for example, because their 
annual dollar volume of sales or business done is less than $500,000), 
employees who work on such business activities may still be 
individually covered by the FLSA.
    We believe that the use of the FLSA standard for volunteers is 
consistent with the community service values that underlie SCSEP, and 
with the Secretary's goal of ensuring employees are paid required 
minimum wages and overtime.

Subpart G--Performance Accountability

    What performance measures/indicators apply to SCSEP grantees? 
(Sec.  641.700)
    20 CFR 641.700 separates SCSEP performance measures into two 
categories: Core and additional. This NPRM proposes amending Sec.  
641.700(a) to add a new additional indicator. Additional indicators are 
not subject to goal-setting and therefore are not subject to corrective 
action. However, the statute does mandate that the Department annually 
publish each grantee's performance on additional indicators. In 
addition, this NPRM also proposes to amend paragraph (c)(3) to reflect 
that the Secretary has designated entry into volunteer work as an 
additional measure in addition to the current measures of employment 
retention and customer satisfaction.
    DOL intends for the new measure of ``entered volunteer work'' to 
parallel the traditional ``entered employment'' measure, which grantees 
have been recording since 2004. SCSEP grantees can capture much of the 
information required for this measure at the time of exit and need only 
confirm the participant's engagement in volunteer work at any time 
during the quarter after the exit quarter, as grantees have long 
captured the data for entered employment at the first follow-up after 
exit. Like the entered employment measure, which excludes participants 
who were employed at the time of enrollment, the new measure excludes 
those who were engaged in volunteer work before enrollment. However, as 
is true with the entered employment measure, DOL would collect data on 
several aspects of the volunteer work, including whether the 
participant had been performing volunteer work at the time of entry 
into the SCSEP, and information about the type of volunteer work 
performed after exit, the setting in which it is performed, and the 
number of hours of volunteer work per week. DOL would collect data on 
these characteristics in the SCSEP data collection system that could be 
used for analysis and additional reporting, but DOL would not use the 
data to measure the performance of the grantee.
    How are the performance indicators defined? (Sec.  641.710)
    This NPRM establishes the new additional indicator in Sec.  641.710 
by adding a new paragraph to (b)(3), which defines the ``entered 
volunteer work'' measure. As set forth above, DOL intends for the new 
measure to parallel the existing core measure of entered employment, 
which SCSEP has been reporting since 2004. The denominator for the new 
measure consists of all participants who exit during a quarter, and the 
numerator consists of all those participants who are engaged in any 
volunteer work in the quarter after the exit quarter. Participants who 
were engaged in volunteer work at the time of entry into the SCSEP are 
excluded from the measure.
    Grantees will enter into the SCSEP data system information on the 
characteristics of the volunteer work (as they currently do for the 
characteristics of unsubsidized employment), including whether 
participants were engaged in volunteer work at the time of entry into 
the SCSEP, so that it will be possible to determine which participants 
are newly engaged in volunteer work after exiting as a result of 
participating in the SCSEP. Later in this preamble, the accompanying 
Paperwork Reduction Act section sets forth the data elements that DOL 
will capture in conjunction with this new measure.

III. Administrative Information

A. Regulatory Flexibility Analysis, Executive Order 13272, Small 
Business Regulatory Enforcement Fairness Act

    The Regulatory Flexibility Act (RFA) at 5 U.S.C. 603 requires 
agencies to prepare a regulatory flexibility analysis to determine 
whether a regulation will have a significant economic impact on a 
substantial number of small entities. Section 605(b) of the RFA allows 
an agency to certify a rule in lieu of preparing an analysis if the 
regulation is not expected to have a significant economic impact on a 
substantial number of small entities. Section 601 of the RFA defines 
small entities to include small businesses, small organizations, 
including not-for-profit organizations, and small governmental 
jurisdictions. Section 601(4) defines a small organization as any not-
for-profit enterprise that is independently owned and operated and not 
dominant in its field.
    SCSEP includes approximately 970 grantees, sub-recipients, and sub-
sub-recipients. Of these, more than 50 are States, State agencies, or 
territories and are not small entities as defined by the RFA. The vast 
majority of the rest are non-profit organizations, many of which may be 
categorized as small entities for RFA purposes. The Department does not 
have a precise number of small entities that may be impacted by this 
rulemaking.
    The Department has determined that the economic impact of this NPRM 
is not likely to be significant for any of these small entities, 
because these regulations will not result in any additional costs to 
grantees and sub-recipients. This new NPRM involving SCSEP performance 
measures will have only a minor information collection impact on a 
number of small entities. At the proper time, DOL will address this 
burden by submitting to OMB a request for a non-substantive change of 
the reporting forms. The SCSEP is designed so that SCSEP funds cover 
the vast majority of the costs of implementing this program. We reached 
a similar conclusion in our review of the August 14, 2008 NPRM. At that 
time, the Department requested public comments on the potential 
economic impact that the rule may have on small entities and did not 
receive any comments on this section. For these reasons, the Department 
has determined and certifies that this NPRM will not have a significant 
economic impact on a substantial number of small entities.
    The Department has also determined that this rule is not a ``major 
rule'' for purposes of the Small Business Regulatory Enforcement 
Fairness Act (SBREFA), Public Law 104-121 (1996) (codified in scattered 
sections at 5 U.S.C.). SBREFA requires agencies to take certain actions 
when a ``major rule'' is promulgated. 5 U.S.C. 801. SBREFA defines a 
``major rule'' as one that will have an annual effect on the economy of 
$100 million or more; that will result in a major increase in costs or 
prices for, among other things, State or local government agencies; or 
that will significantly and adversely affect the business climate. 5 
U.S.C. 804(2).
    This NPRM will not significantly or adversely affect the business 
climate. First, the rule will not create a significant impact on the 
business climate at all because, as discussed above, SCSEP grantees are 
governmental jurisdictions and not-for-profit enterprises. Moreover, 
any secondary impact of the program on the business

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community would not be adverse. To the contrary, the SCSEP assists the 
business community by training older Americans to participate in the 
workforce and benefits the overall community by providing volunteer 
work opportunities.
    The proposed rule will also not result in a major increase in costs 
or prices for States or local government agencies. The SCSEP has no 
impact on prices. Finally, this proposed rule will not have an annual 
effect on the economy of $100 million or more.
    Therefore, because none of the definitions of ``major rule'' apply 
in this instance, we determine that this NPRM is not a ``major rule'' 
for SBREFA purposes.

B. Executive Order 12866

    Executive Order 12866 requires that for each ``significant 
regulatory action'' taken by the Department, the Department conduct an 
assessment of the regulatory action and provide OMB with the regulation 
and the requisite assessment prior to publishing the regulation. A 
significant regulatory action is defined to include an action that will 
have an annual effect on the economy of $100 million or more, or an 
action that raises a novel legal or policy issue.
    As stated in the SBREFA analysis, this NPRM will not have an annual 
effect on the economy of $100 million or more. However, the rule does 
raise novel policy issues concerning implementing an additional 
performance indicator on volunteer work in the SCSEP. The key policy 
change reinforces the dual purpose of the SCSEP by counting those who 
begin performing volunteer work--or who perform volunteer work in lieu 
of or in addition to unsubsidized employment--after participating in 
SCSEP. Therefore, the Department has submitted this NPRM to OMB.

C. Paperwork Reduction Act

    The purposes of the Paperwork Reduction Act of 1995 (PRA), 44 
U.S.C. 3501 et seq., include minimizing the paperwork burden on 
affected entities. The PRA requires certain actions before an agency 
can adopt or revise the collection of information, including publishing 
a summary of the collection of information and a brief description of 
the need for and proposed use of the information. 44 U.S.C. 3507.
    Because the 2006 OAA necessitated changes in many of the SCSEP 
forms used by grantees prior to the effective date of the Act, in July 
2007 the Department submitted to OMB for review and approval, in 
accordance with PRA Sec.  3507(d), a modification to the SCSEP 
information collection requirements. The four-year strategy newly 
required by the 2006 OAA (see Sec.  641.302) was accounted for in that 
PRA submission. The SCSEP PRA submission was assigned OMB control 
number 1205-0040 and was approved by OMB in October 2007. The approval 
expires October 31, 2010. This NPRM introduces new information 
collection requirements and thus will require a new PRA submission. The 
Department estimates that the added public reporting burden for this 
collection of information will be minor. The required information will 
be gathered during regularly scheduled follow-up contacts that gather 
information about the common performance measures. DOL will submit, at 
the proper time, a paperwork submission request for a non-substantive 
change of the reporting forms.

D. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4, 2 
U.S.C. 1501 et seq.) requires an agency to ``prepare a written 
statement'' providing specific information if the proposed rulemaking 
``is likely to result in promulgation of any rule that includes any 
Federal mandate that may result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more'' in any 1 year. Since the Department has determined 
that this proposed rule does not include any Federal mandate that may 
result in increased expenditure by State, local, and tribal 
governments, or by the private sector, of more than $100 million, it 
has not prepared the written statement under section 1532 of the UMRA.

E. Executive Order 13132

    The Department has reviewed this NPRM in accordance with Executive 
Order 13132 on federalism, and has determined that the NPRM does not 
have ``policies that have federalism implications.'' As explained at 
Sec.  1(a) of the Executive Order, ```Policies that have federalism 
implications' refers to regulations, legislative comments or proposed 
legislation, and other policy statements or actions that have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' This 
rule does not have such ``substantial direct effects'' because it does 
not preempt any State law, nor interfere with functions essential to 
the State's separate and independent existence, nor impose any form or 
method of program administration on the States. In addition, this new 
measure is reasonably related to the purpose of the SCSEP program; a 
grant program that flows directly from the 2006 OAA, in which State 
participation is voluntary. Therefore, the rule does not constitute a 
``substantial direct effect'' on the States, nor will it alter the 
relationship, power, or responsibilities between the Federal and State 
governments. The relationship, power, or responsibilities were already 
established in the authorizing legislation.

F. Executive Order 13045

    Executive Order 13045 concerns the protection of children from 
environmental health risks and safety risks. This NPRM addresses the 
SCSEP, a program for older Americans, and has no impact on safety or 
health risks to children.

G. Executive Order 13175

    Executive Order 13175 addresses the unique relationship between the 
Federal Government and Indian tribal governments. The order requires 
Federal agencies to take certain actions when regulations have ``tribal 
implications.'' Required actions include consulting with tribal 
governments before promulgating a regulation with tribal implications 
and preparing a tribal impact statement. The order defines regulations 
as having ``tribal implications'' when they have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.
    The Department has reviewed this NPRM and concludes that it does 
not have tribal implications. Although tribes are sub-recipients of 
national SCSEP grant funds, this rule will not have a substantial 
direct effect on those tribes because, as outlined in the Regulatory 
Flexibility section of the preamble, there are only minor additional 
costs associated with implementing this NPRM and these are covered by 
grant funds. This regulation does not affect the relationship between 
the Federal Government and the tribes, nor does it affect the 
distribution of power and responsibilities between the Federal 
Government and tribal governments.
    Accordingly, we conclude that this NPRM does not have tribal 
implications for the purposes of Executive Order 13175.

[[Page 71518]]

H. Environmental Impact Assessment

    The Department has reviewed this NPRM in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.), the regulations of the Council on 
Environmental Quality (40 CFR part 1500), and the Department's NEPA 
procedures (29 CFR part 11). The NPRM will not have a significant 
impact on the quality of the human environment, and thus the Department 
has not prepared an environmental assessment or an environmental impact 
statement.

I. Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act, enacted as part of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 
2681), requires the Department to assess the impact of this NPRM on 
family well-being. An agency that determines that the rule will have a 
negative effect on families must support the rule with an adequate 
rationale.
    The Department has assessed this NPRM and determines that it will 
not have a negative effect on families. Indeed, we believe the SCSEP 
strengthens families by providing job training and support services to 
low-income older Americans.

J. Executive Order 12630

    Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, is not relevant to this 
NPRM because the rule does not involve implementation of a policy with 
takings implications.

K. Executive Order 12988

    This NPRM has been drafted and reviewed in accordance with 
Executive Order 12988, Civil Justice Reform, and will not unduly burden 
the Federal court system. The regulation has been written so as to 
minimize litigation and provide a clear legal standard for affected 
conduct, and has been reviewed carefully to eliminate drafting errors 
and ambiguities.

L. Executive Order 13211

    Executive Order 13211 is not relevant to this NPRM because the rule 
will not have a significant adverse effect on the supply, distribution, 
or use of energy.

M. Plain Language

    The Department drafted this rule in plain language.

List of Subjects in 20 CFR Part 641

    Aged, Employment, Government contracts, Grant programs--Labor, 
Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Department of Labor 
proposes to amend 20 CFR part 641 as follows:

PART 641--PROVISIONS GOVERNING THE SENIOR COMMUNITY SERVICE 
EMPLOYMENT PROGRAM

    1. The authority citation for part 641 continues to read as 
follows:

    Authority:  42 U.S.C. 3056 et seq.

    2. Section 641.140 is amended by revising the definition of 
``additional indicators'' and adding the definition of ``volunteer 
work'' to read as follows:


Sec.  641.140  What definitions apply to this part?

* * * * *
    Additional indicators mean retention in unsubsidized employment for 
1 year; satisfaction of participants, employers and their host agencies 
with their experiences and the services provided; entry into volunteer 
work; and any other indicators of performance that the Secretary 
determines to be appropriate to evaluate services and performance. (OAA 
section 513(b)(2)).
* * * * *
    Volunteer work means activities or work that former participants 
perform for a public agency of a State, local government or 
intergovernmental agency, or for a charity or similar non-profit 
organization, for civic, charitable, or for humanitarian reasons, and 
without expectation of compensation. Volunteer work does not include 
work a former participant performs that is similar or identical to work 
the former participant performed for compensation for the organization.
* * * * *
    3. Section 641.700 is amended by adding paragraph (c)(4) to read as 
follows:


Sec.  641.700  What performance measures/indicators apply to SCSEP 
grantees?

* * * * *
    (c) * * *
    (4) The Secretary has designated entry into volunteer work as an 
additional indicator.
* * * * *
    4. Section Sec.  641.710 is amended by adding paragraph (b)(3) to 
read as follows:


Sec.  641.710  How are the performance indicators defined?

* * * * *
    (b) * * *
    (3) ``Entry into volunteer work'' is defined by the formula: Of 
those not engaged in volunteer work at the time of entry into the 
SCSEP, the number of participants who perform volunteer work in the 
first quarter after the exit quarter, divided by the number of 
participants who exit during the quarter.

    Signed at Washington, DC, this 16th day of November 2010.
Jane Oates,
Assistant Secretary for Employment and Training, U.S. Department of 
Labor.
[FR Doc. 2010-29424 Filed 11-22-10; 8:45 am]
BILLING CODE 4510-FN-P